The UK Spouse Visa is designed for individuals in a marital relationship with British or Irish citizens, persons with indefinite leave to remain in the UK, refugee leave or humanitarian protection, or limited leave to remain under Appendix EU or Appendix ECAA, who want to accompany or join their partner in the UK. You may also apply for a UK Spouse Visa if your spouse is outside the UK but plans to return with you.
The UK Spouse Visa can lead to indefinite leave to remain or settlement in the UK after a period of 5 years.
UK Spouse Visa Requirements
In order to qualify for a UK Spouse Visa, you will need to satisfy UK Visas and Immigration that you meet the following requirements:
- Your partner is British or Irish, holds indefinite leave to remain, refugee leave or humanitarian protection, limited leave to remain under Appendix EU or limited leave to remain under Appendix ECAA;
- You and your partner are both over the age of 18;
- You and your partner are not within a prohibited degree of relationship;
- You and your partner have met in person;
- You and your partner are legally married in a marriage that is recognised in the UK;
- Your relationship is genuine and subsisting;
- You and your partner intend to live together permanently in the UK;
- Any previous relationship has broken down permanently;
- You satisfy a financial requirement;
- There is adequate accommodation for you and any dependents;
- You speak and understand English to a required level.
The exact requirements you will need to satisfy may vary depending on your personal circumstances. You may want to speak to an immigration lawyer for expert advice.
UK Spouse Visa Financial Requirement
In order to demonstrate that you can be adequately maintained in the UK without recourse to public funds, you will need to satisfy the Spouse Visa financial requirement.
The financial requirement for a UK Spouse Visa application states that, unless exempt, you will need to demonstrate that your Spouse (or both of you jointly if you are in the UK with valid leave to remain) has a gross annual income of at least:
- £18,600; plus
- £3,800 for a first child (who is not British, holds indefinite leave to remain in the UK, has pre-settled status or settled status or is an EEA national with a right to reside in the UK); plus
- £2,400 for each additional child (who is not British, holds indefinite leave to remain in the UK, has pre-settled status or settled status or is an EEA national with a right to reside in the UK).
Different considerations will apply if your Spouse is in receipt of certain state benefits or entitlements, when the financial requirement for a UK Spouse Visa is that the sponsor can ‘adequately maintain and accommodate’ the family member being sponsored to enter or remain in the UK.
You will need to meet the financial requirement when you first apply to enter the UK as a spouse, when you apply to extend your stay as a spouse and when you apply for indefinite leave to remain as a spouse.
The Immigration Rules relating to the Spouse Visa financial requirement are complex and include mandatory documentary evidence requirements. The onus is on applicants to demonstrate that the financial requirement is met. One of the most common reasons for refusal of a Spouse Visa application is because mandatory financial evidence is not provided.
Spouse Visa English Language Requirement
Unless exempt, as part of your Spouse Visa application you will need to satisfy the Home Office that you satisfy an English language requirement. When applying for entry clearance or to switch into the Spouse Visa route you will need to demonstrate competence in the English language to at least CEFR level A1.
When you apply for further leave to remain as a spouse you will need to demonstrate competence in the English language to at least CEFR level A2.
You can meet the Spouse Visa English language requirement by:
- Holding the nationality of a majority English speaking country;
- Passing an approved English language test at or above the required CEFR level, with an approved provider as set out on Approved Secure English Language Tests and Test Centres; or
- Having an academic qualification which is either a Bachelor’s or Master’s degree or PhD if awarded in the UK; or, if awarded outside the UK, is deemed by Ecctis (formerly UK NARIC) to meet or exceed the recognised standard of a Bachelor’s or Master’s degree or PhD in the UK, and Ecctis (formerly UK
NARIC) has confirmed that the degree was taught or researched in English at or above the required CEFR level.
In order to be exempt from the English language requirement you will normally have to prove that either:
- You are over the age of 65 at the date of application;
- You have a physical or mental disability which prevents you from meeting the English language requirement;
- There are exceptional circumstances which mean that you cannot satisfy the English language requirement before entering the UK.
If you are not able to demonstrate that you meet the English language requirement (or are exempt), then your Spouse Visa application will be refused.
- Family & Partner Visa English Language Requirement
Duration of a UK Spouse Visa
If your application for a UK Spouse Visa is successful, your spouse visa will be valid for 33 months initially. If you apply for leave to remain in the UK as a spouse then you will be granted leave valid for 30 months.
Before your initial grant of leave expires, you will need to apply to UK Visas and Immigration to extend your stay. If your application for further leave to remain as a spouse is successful then you will be granted further leave to remain for a period of 30 months.
After spending 5 years in the UK as the spouse, you will be eligible to apply for indefinite leave to remain.
Applications for extension of stay as a Spouse
- Before your initial grant of leave as a Spouse expires, you will need to apply to UK Visas and Immigration to extend your stay.
- The requirements for further leave to remain in the UK as a Spouse are broadly the same as those that apply to initial applications in the Spouse category. However, you will need to make sure that your application satisfies the relationship, financial, accommodation and immigration status requirements again. A higher level English language requirement will also apply.
Indefinite Leave to Remain as a Spouse
If your Spouse Visa application is successful, you will initially be granted permission to enter the UK for a period of two and a half years (plus an additional three months if applying for entry clearance). You will need to make an extension application before the expiry of your leave. If your spouse extension application is successful then you will be granted further leave for a period of two and a half years.
After spending 5 years (60 months) in the UK on the Spouse Visa route, you may be eligible to apply for indefinite leave to remain in the UK.
In order to qualify for indefinite leave to remain as a spouse you will need to demonstrate, in addition to the above requirements, that:
- Since you have been in the spouse category you have lived together with your spouse in the UK or there is good reason, consistent with a continuing intention to live together permanently in the UK, for any period when you have not done so;
- You meet the higher CEFR Level B2 English Language requirement that applies to settlement applications;
- You have passed the Life in the UK test (unless exempt)..
If you make an application for indefinite leave to remain as a spouse but do not satisfy the above requirements, UK Visas and Immigration will go on to consider if you meet the requirements for a further extension of stay as a spouse.